Can I Drive Before Court?

If you have been charged with drink driving, one of the first questions you may ask is, “Can I drive before court?” The answer depends on the type of offence, your blood alcohol concentration (BAC), whether police have immediately suspended your licence, and your individual circumstances. In some cases you can continue driving until your court date, while in others your licence may be suspended immediately.

Understanding your licence status is important. Driving while your licence is suspended or cancelled is a separate criminal offence that can result in further penalties.

When can I continue driving?

Not every drink driving charge results in an immediate licence suspension.

Depending on the offence, you may be able to continue driving until your matter is finalised in court. This is more common for lower-range offences where police have not issued an immediate licence suspension.

If your licence has not been suspended and you remain legally licensed, you can generally continue driving while waiting for your court date.

When will police suspend my licence immediately?

Victoria Police have the power to immediately suspend a driver’s licence for many drink driving offences.

Immediate licence suspension commonly applies where:

• your blood alcohol concentration exceeds certain prescribed limits;

• you refuse to provide a breath test or breath analysis;

• you commit certain repeat drink driving offences; or

• other circumstances under the Road Safety Act apply.

If police issue an immediate suspension notice, you must stop driving from the time the suspension takes effect.

How do I know if my licence has been suspended?

If your licence has been immediately suspended, police will usually provide you with written documentation explaining:

• the reason for the suspension;

• when the suspension commenced;

• how long it remains in force; and

• your obligations during the suspension.

If you are unsure whether you are permitted to drive, you should obtain legal advice before getting behind the wheel.

Can the court let me keep driving until my hearing?

Generally, no.

If your licence has been immediately suspended under Victorian law, the Magistrates’ Court does not usually have the power to simply allow you to continue driving because you need your licence for work, family commitments or other personal reasons.

Victoria no longer has work licences, and hardship alone does not remove an immediate suspension.

What if I need my licence for work?

Many people rely on their licence every day for employment.

Unfortunately, needing to drive for work does not automatically allow you to continue driving if your licence has been suspended.

While employment consequences may be relevant when preparing your case, they do not override mandatory licence suspension laws.

What happens if I drive while suspended?

Driving while suspended is a criminal offence.

If you are caught driving during a suspension period, you may face:

• additional criminal charges;

• substantial fines;

• a longer period before you can regain your licence;

• further disqualification from driving; and

• in serious cases, imprisonment.

It is important to confirm that you are legally entitled to drive before using a motor vehicle.

Can I challenge the drink driving charge?

In some cases, yes.

Every drink driving matter should be carefully reviewed to determine whether:

• the police followed the correct legal procedures;

• the breath or blood testing process was lawful;

• the evidence supports the charge; and

• any legal defences may be available.

The strength of the prosecution case will depend on the individual facts of your matter.

Should I get legal advice before court?

Yes.

Even if you are still able to drive before your court date, obtaining legal advice early can help you understand the likely licence consequences, whether any mandatory suspension or cancellation will apply, and how best to prepare your case.

At Wilkinson Lawyers, we regularly represent clients charged with drink driving offences throughout Victoria. We can explain whether you are legally permitted to drive before court, advise you about your licence status, and help you achieve the best possible outcome in your case.

Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.